Password Self-Incrimination

According to this Washington Post article, a man is suspected of having child pornography on his computer but the files are encrypted. The FBI wants the man to type in his password to decrypt the illegal photos. The man argues that to do so would constitute self-incrimination. So far the judge agrees with the suspect.

"If [he] does know the password, he would be faced with the forbidden trilemma: incriminate himself, lie under oath, or find himself in contempt of court," the judge said.

So far the judge agrees, what are your thoughts?

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Jack Welch on Immigration

Jack Welch, the former CEO of GE, has some interesting perspectives on immigration from a practical perspective. Key quote:

It’s a managerial one, and any plan that suggests that the US deport illegal workers violates one of management’s cardinal rules: you have to face reality. Forget the notion that illegal immigrants will suddenly heed “the law of the land” and pack their bags.

The problem with the debate on immigration is that it is not a question of black and white at this point. The United States has neither the resources nor the motivation to round up 11 million individuals and deport them. It simply is not going to happen. With that said, what do we do? This is one those areas that there is going to be no "right" answer. However, it seems that most Americans are united in their belief that something should happen.

Nichols & Eberth, PC ask:

1. What would you do with the illegal immigrants currently in this country?

2. Are you in favor or amnesty and/or a path to citizenship for those here illegally?

3. What should happen to employers who hire illegal immigrants?

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Catholic Church Advocates More Protection for Immigrants

Many are surprised to learn that the Catholic Church has been a long-standing proponent of immigrant's rights since the early part of the 20th Century. Thus, in keeping with their traditional stance towards immigration, two Bishops met with Department of Homeland Security Director, Michael Chertoff about immigration policy.

Nichols & Eberth, PC ask:

1. Do you think that it is appropriate for the Catholic Church to advocate in support of immigrants?

2. Why do you believe the Catholic Church is taking this position?

3. Do you think that religious leaders in this country will change the debate as it relates to illegal immigration?


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Oklahoma Passes the Toughest Immigration Laws

The Oklahoma legislature passed a sweeping new law that many are suggesting is the toughest against illegal immigrants in the nation.

One quote stands out "You don't have to round up 20 million {which is 9 million more than most experts have estimated} aliens," Berman said. "Stop the two free benefits you're giving them-free health care and free education- and they'll go back across the Rio Grande."

It is important for us to correct the misleading elements of this. No illegal immigrant is entitled to any means-based assistance such as Medicaid, Medicare, Welfare or any other service. If people hear otherwise they are incorrect. What happens sometimes is that many non-profit and religious organizations (in particular the Catholic Church) aid illegal immigrants. However, this aid is not from the government, it is purely private. Additionally, with respect to health care specifically, the issue is that no hospital may turn away an individual in an emergency. Regarding education, by enacting such a law are we not punishing the children for the decisions of their parents?

Nichols & Eberth, PC ask the following questions:

1. Do you advocate a policy where a hospital can selectively turn away those in medical crisis? For example, someone calls 911 due to a heart attack. Do think that EMS or a doctor should say "what is your immigration status?" before treating them?
   
2. Do you think that children of illegal immigrants should be eligible to go to school? If you do not think so, what do you propose to do with the young children who are already here?
   
3. Many children of illegal immigrants are, in fact, US Citizens, does your opinion of 2 above change? If so, why?

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Naturalization Delays

USCIS has suggested that, due to a surge in the number of Naturalization applications, the processing times are going to be substantially increased. Instead of a 7-9 month process, it is likely that it will be 18-24 months.

In his testimony before the House committee, Gonzalez said: “This surge will have a serious impact on application processing times for the next couple of years. As a result, based on our response plan, most customers will wait much longer to have their applications completed. As we have reported, the average processing time for naturalization applications has increased from the current average of seven months or less to approximately 18 months. Family-based adjustment-of-status applications increased from the current average of six months or less to 12 months. Our two-year response plan will help us accomplish reducing processing times to six months by the third quarter of Fiscal Year 2010.

Director Gonzalez has suggested that the delay is due to the dramatic increase in the filing fees as well as political uncertainty. However another possibility is that immigration attorneys are advocating naturalization far more than in years passed due to growing anti-immigrant sentiment that is sweeping the US as well as strict measures that impact permanent residents such as the PATRIOT ACT. It is far more common today, than in years passed, for a permanent resident to be deported and the only true guard against this is naturalization.

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A Judge, a DUI and a Purse

As attorneys we tend to be a fairly serious bunch most of the time. Additionally, it is incumbent upon attorneys to demonstrate judicial deference for that is how the entire system has operated for centuries. However, the legal profession also needs to see humor and irony when it stares them at the face.

The New Hampshire Union Leader reports:

A Boston-based federal judge wore a black cocktail dress, fish-net stockings and high heels when police arrested him for drunk driving after he rear-ended a pickup truck last week, sources said.

U.S. Bankruptcy Court Judge Robert Somma, 63, struck a plea deal with the city Wednesday in which he pleaded no contest to a first-offense misdemeanor driving while intoxicated charge in Manchester District Court. In exchange, the judge agreed to pay $600 in fines and penalties and a 12-month license suspension, which can be reduced to six months if he proves he successfully completed a driver education and alcohol awareness course, court records show.

The arresting officer made no mention of the judge's attire in the written report police provided to the media other than to note the judge "had a difficult time locating his license in his purse."{emphasis added}

It is certainly not our place to judge the Judge lest we be judged ourselves.

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Burgh Diaspora: Knowledge Economy Geography for New Pittsburgh

Burgh Diaspora: Knowledge Economy Geography for New Pittsburgh

This article opines that the Rust-Belt, where Nichols & Eberth, PC is proudly located, could be helped by an infusion of capital coming from immigrants. Many people are surprised to hear that one can legally "buy" a green card for between $500,000.00 and $1,000,000.00. Unlike many other countries' investment visas, the US requires that the investor be an active participant in the business venture. However, with careful structuring of the business operation, day-to-day management is generally unnecessary. The investment pilot program started in the last decade but was not widely used. In fact, out of an allocated 10,000 visas, only 3,000 are used each year. Part of this is the shear complexity of the process, while the other hindrances have come in the form of unscrupulous companies preying on investment-minded immigrants.

Going back to the linked story, Detroit could certainly use a capital infusion. With just 250 investors, over $125 million in capital could be invested in Detroit.

Attorneys at Nichols & Eberth, PC are experienced in investment visas, both with the pilot program and stand-alone programs. Should you wish more information, please visit our site at: www. michiganattorney.com .

Michigan passes new driver's license bill

Due to the interpretation of an Attorney General's opinion, on January 22, 2008, Michigan became the first state in the union to restrict drivers licenses to legal non-immigrants, including students, executives, research scientists and professional workers. While immigration advocates were quite vocal in their opposition, it was the Michigan Chamber of Commerce that finally had the political muscle to change the law which Governor Granholm is expected to sign shortly. Here is a copy of the final bill.

2007-HEBS-4505 final bill.pdf

NICHOLS & EBERTH, PC ask:

1. Do you think that illegal or undocumented aliens should have drivers licenses?

2. If you do not think so, how do we track those who are in this country?

As always, please visit us at our webpage:

www.MichiganAttorney.com

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Homeland Security to forego background checks on green care applicants

In yet another example of the Department of Homeland Security's inconsistency in the field of immigration, DHS indicated that they will forego advanced background checks for up to 47,000 green card applicants. While all have gone through a criminal background check and fingerprint check, the names check and other intelligence checks will be temporarily abated. According to published reports, DHS will eventually conduct the lengthy background checks and if there is an issue, the applicant will be immediately removable (i.e. deportable).

This issue is glaring example of the general inefficiency of our nation's immigration policy. With all the rhetoric of national security and the calling for permanent walls on the US Southern border, this current practice only seems to underscore that we have no consistent national immigration policy.It seems legally incongruent that we would identify Amy Winehouse as being an 'undesirable', but then allow an individual who could have ties to terrorism to have a green card. Additionally, it underscores that our intelligence community is effectively broken. If it takes years to conduct a comprehensive background check on an individual; how does this offer the public any assurance of security? WIth all the tough talk of the PATRIOT Act, it has been implemented in an ad hoc fashion.

On the other side of the matter, many of these people who are applying have been waiting for years and there is no indication of when a decision will be reached. This effectively clogs the system and creates enormous backlogs that impact every aspect of immigration.

One amusing statement in the linked Washington Post article is the FBI's proposed interim solution. They proposed "contracting" additional FBI officers. That is, they are outsourcing this!

NICHOLS & EBERTH ask:

QUESTION: 1. What are your thoughts on this prescient matter?

As always, please visit us at our webpage:

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Amy Winehouse denied visa- A Case of Changing Values

If you listen to some people's perspectives, one would imagine that 2008 is a society filled with utter debauchery and sleaze. It isn't. Compared with the 1970's this is a time of moral righteousness. For example, the Bad News Bears was rated PG in the 1970s, while today, it would, undoubtedly, be rated R. For a far different example, we only need to turn our attention to Amy Winehouse. For those not following the story, Amy Winehouse was the breakthrough artist of 2007 and, as such, she was invited to the Grammys. Amy Winehouse is also known for more than her music, due to her frequent skirmishes with the law in England and elsewhere in Europe. As such, the United State State Department refused to grant her a visa to come to perform at the Grammys.

Now I explain this to people and they say "well, she knows the rules, so she gets what she deserves" In short, there is little sympathy. I will not take the position on whether she deserves or does not deserve sympathy, but I will suggest that we have changed our position on this matter over the years. I only have to mention three well-known names to prove my point: Paul McCartney, John Lennon and Mick Jagger. All three of whom had multiple drug busts around the world and yet all three were permitted non-immigrant visas to come to the US and perform. By today's standard, nearly every major act of the 1970's and 1980s would not be permitted to work in the United States. In an ironic twist, both Mick Jagger and Keith Richards have expressed that they have little sympathy for her troubles.

If we examine the reciprocal nature of immigration law (that is to say, that the UK and the US have mutual agreements where we allow their citizens to come here without a visa and vice versa), both Paul Simon and Art Garfunkel would be prohibited from playing in London as Paul has admitted to using marijuana recreationally (itself a bar for a visa) and with Art's arrest (with Garfunkel being arrest only a few years ago). Additionally, there is reference to Paul's arrest at a demonstration in Me and Julio Down By the Schoolyard. Anti-government protests can also be used to deny a visa. Somehow I do not think that Simon & Garfunkel are a threat to London's security.

No one questions that the United States, as a sovereign entity, has the absolute right (or in legal parlance, plenary power) to control who comes into the country. The US had an absolute right to deny Ms. Winehouse a visa and I have not heard anyone say anything to the contrary.

NICHOLS & EBERTH, PC poses the following question: is this the best use of our immigration policy? Could this dampen the artistic interdependence between: US, Canada, Australia, UK and Western Europe?

As always, please visit us at our webpage:

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Are sealed records truly sealed?

It is expected that the Michigan Court of Appeals will rule on whether to uphold Judge Colombo's decision to release documents pertaining to the alleged relationship between Mayor Kwame Kilpatrick and his Chief of Staff. While it seems that the public has the right to political transparency, the judicial process survives on settlement agreements to be kept under seal. Thus, we have competing interests in this matter. The entire process of judicial sanctity is called into question when a sealed settlement agreement is leaked. This could potentially reek havoc on the entire ADR field. However, this case was not like any other case. It was a case involving the entire City of Detroit and, unfortunately, the Mayor chose to put his concerns over the concerns of his constituents.

QUESTION: How does one balance the interests of providing the public with full transparency, while, at the same time respecting the confidential nature of settlement agreements? Further, where does private life start and public life begin?

Judge Posner makes the conservative argument for amnesty

About two years ago, immigration was a purely bi-partisan issue. McCain, along with Kennedy, put forward a very comprehensive approach that no one truly liked. It is an axiom of politics that if all sides to a debate disagree with the proposed legislation, it probably strikes the proper balance. The pro-immigration group did not like the work-permit provisions as, they argued, it fosters a permanent subclass of citizens as it has done in France. The anti-immigrant movement, which has been gaining momentum over the past few years did not like it either. The anti-immigration 'movement' seems to be directly related to the economy. As the economy is inching towards a potential recession, the sentiment has only garnered strength.

Unfortunately,there are no simple answers. It is altogether doubtful, if not logistically impossible, to deport all 11 million illegal immigrants. Further, of these so-called illegals, many of them came to the US legally and let their status lapse; a fact that seems lost on many in this country. This is highly relevant as it is demonstrative of the intellectual dishonesty that both sides engage in. Whether we like it or not, our economy is inexplicably linked to illegal immigration. Thus, it is appropriate to cite the position by Judge Posner, one of the most lauded jurists of our generation and widely regarded as the chief authority on economics and the law. Read it here.

Propaganda Email

In the past month, I have received several emails that I would describe as pure propaganda. One concerned Obama which was full of highly inflammatory erroneous information. The second one dealt with immigration. Essentially the immigration article dealt with this widespread belief that immigrants do not pay taxes and they are entitled to public assistance. Even if you do not like Obama, or you are negative on immigration, one must not engage in outright lies to secure your position. There are many logical and well-reasoned critiques of immigration without having to resort to this level of discourse.

Fortunately, there is a website that debunks many of these claims, as well s internet chain letters. Here is a link to their discussion on immigration.

Be careful on how you use email

One attorney is certainly going to be in hot water upon learning that one of their emails describing settlement negotiations made the front page of the New York Times. Email is so quick and is used more and more for highly sensitive and critical messages that we, oftentimes, forget about the consequences of pressing that magic "send" button. While we have had encrypted email for years, it is hardly a standard in the industry. It is only going to get worse as the Federal Courts already require e-filing and the State of Michigan, as of January 1, 2008, has permitted service on opposing counsel to be done via email.

Perhaps attorneys should require that, as part of their representation of a client, that the client be giving an email key so as to ensure a closed circuit of communication.

What are your thoughts?